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I. INTRODUCTION
International Journal of Scientific and Research Publications, Volume 6, Issue 6, June 2016
ISSN 2250-3153
III. DISCUSSION
Relocation Case of Bauxite Mining Company in Desa
Tanjung Bunut
The relocated areas were Sei Merah Dusun Piasak, Desa
Pedalaman (13 Families) and Dusun Embaloh in Desa Tanjung
Bunut (105 families). The initial relocation area was Bukit
Sembilan Belas, Dusun Embaloh Desa Tanjung Bunut. However,
this relocation planing caused numerous problems especially
from residents of Embaloh, Desa Tanjung Bunut. It because the
location did not match the contract agreement with the
companies.
318
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International Journal of Scientific and Research Publications, Volume 6, Issue 6, June 2016
ISSN 2250-3153
(2014:22.
http://www.mitrahukum.org/wpcontent/uploads/2014/08/jurnal-04.-apdf.pdf) that stated conflicts
of natural resources are not a conflict between two sides with an
equal strength. By supports from State and money power, the
companies have a stronger position on communities in social
structure. Based on this argument, the author believed that
marginal position of communities is social injustice by the power
of authorities and companies.
Uncovering a social phenomena with potential conflicts in
mining areas basically is a response from communities toward
the existence of mining companies. They hope significant
changes to improve the quality of their life as a part of the
mining companies presence. Activities related to the social order
of culture based on values and social norms, such as working
together and other socio-economic activities, are degraded. now,
those are shifting and turning into an individual life style. They
are competing each other to dominate economic resources
leading to liberal economy.
Potential conflicts originated from the conflict of interest
between the companies and the residents changed to interresidents. On one hand, the residents clashed and avoided each
other. They negotiated with a profitable side, mainly the
companies. On the other hand, the companies wanted their
business to run smoothly. The residents could be "accomplices"
of the companies as a part of newly-made Corporation.
Disapproval of land concession described by a resident in the
area said that some residents were accompanied by Leaders of
Dayak Tobag to question the land which is not in accordance
with the agreement. The residents also asked to revise the agreed
contracts. However, the company argued that the relocation of
land was fit to the agreement and quite decent for livelihood.
This mismatches of perspective begin from the rise of
potential conflicts in the mining environment and lead to other
problems by the presence of bauxite mining. As emphasized by
Atok, K and Sinju, B (2009: 296) and Jenkins, Heledd ( 2004:23.
Corporate social responsibility and the mining industry: conflicts
and
constructs.
Corporate
Social.
that the
.http://onlinelibrary.wiley.com/doi/10.1002/csr.50)
injustice control of various social groups such as tenure by
entrepreneurs exclusively spawned a crisis of justice resulted in
people being "refugees of development" marked by the loss of
rights over resource management on communal land. Similarly,
the potential for most vulnerable conflict in the district of Tayan
Hilir is land conflict.
The existence of mining companies, PT. Aneka Tambang
Tbk, PT Kapuas Bara Mineral, PT. Indonesia Chemical Alumina,
PT. Kapuas Persada Prima, PT. Kalmin Lestari, based on the
research results have raised some cases involving the dignity of
citizens. Indeed before the presence of mining companies, the
forest area was used as a source of livelihood by using plants
found in the forest, animals and rivers for fishing. The
320
community freely used the land for farming, such as rice and
vegetables, and plantation such as rubber. When the residents
work the land for rice farming, they can also work on a variety of
different crops such as another crops that were planted around
rice fields and vegetable crops. The results of these plants can be
sold to make money. When the presence of mining with the
procurement of the vast land, resulting in loss of the source of
livelihood of citizens. People are looking for other livelihoods
such as being a miner or vehicle services (motorcycle taxis).
These economic loss is incomparable with the presence of
companies that says it will improve people's welfare. When
citizens lose their source of life because of the reduced land
which is inoptimal for agricultural land, the only hope for the
people is by getting a job in the company. In fact, bauxite
industry employs very few local residents, by reasoning that local
employers do not meet the requirements of expertise in
accordance with company requirements. This creates new
unemployments due to the existence of the company. Moving on
from the phenomenon, mining has resulted in a decreased level
of income for citizens. Recruitment of labor from other regions
was confirmed by Yudhishthira; Krisna Hidayat, Revelation;
Hadiyanto, Agus (2011 Journal of Environmental Damage
Impact Assessment Due to Sand Mining activities in the
Meningar village of Mount Merapi Region) where mining
attracts migrants to find job so it cuts the opportunity for locals.
This creates social jealousy which has potential of conflict
between locals and migrants.
The phenomenon of the presence of mining companies, of
course, is the public land which has been usually tilled for
agriculture will be narrower or even disappear, so that the culture
of cooperation and mutual assistance as well as the simple nature
of the farming communities in rural areas will also be destroyed
and replaced by consumer culture, which can emerge new social
problems. In fact, the presence of Bauxite mining companies in
the district of Tayan Hilir still leaves the environmental damage
and the degradation of the social environment issues; in other
words, it is destructive to the economic, social and local culture.
The impact of the existence of mining towards the local residents
is that they have to bear the heavy burden of life because of
damaged natural environment which means a loss of biological
resources the foundation of their life. That means mining does
not have any significance on the increasing of income of local
residents. But, the presence of mines are considered as one
alternative to increase the productivity of foreign exchange to
finance the government, with the possibility of turning a blind
eye to the natural damage and social environment damage to the
surrounding areas. The injustice conditions that occurs will be
described more details in the schematic of bauxite mining below:
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International Journal of Scientific and Research Publications, Volume 6, Issue 6, June 2016
ISSN 2250-3153
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Society injustice by
government policy as
licensors
1.Government gives
permission for exploration to
the companies
2.Government policies
impartiality to the people
3.People are the victims by
incomprehension of the laws
Injustice of economic
access opportunities
between the company and
local communities
1. The company dominates
mining
2. Recruitment of workers
from outside of the area
instead of local residents
3. Local residents have lost
their livelihoods because
of unproductive land
Injustice concession
for the residents
1.Land concession is
not according to the
agreement
2.The location is not
strategic
3. infertile land
4. land status is
unclear
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IV. CONCLUSIONS
Based on the explanation above, the conclusion of this paper
is that the presence of mining companies in the Tayan Hilir,
Sanggau Regency has created injustice for the society. Mining
companies superior position as the financier makes the getting
privileges from the government to the benefit of their companies;
on the other hand, the community remaining in a weak position
turns into the injured party, eventually they have been
marginalized in their own livelihoods and life. As in cases
involving the relocation of citizens "displaced" by the company,
their new locations are not representative; the relocation placed
them in the far remote location and lack of public facilities,
besides it closes the opportunities for the source of life and
livelihoods. The fact that since the presence of the mining, social
justice has not reached the rights of the people who live around
the mines.
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Laws:
[1] Law No. 4 1999 about Mining Management pertambangan adalah
sebagian atau seluruh tahapan kegiatan dalam rangka penelitian,
pengelolaan dan pengusahaan mineral atau batubara yang meliputi
penyelidikan umum, eksplorasi, studi kelayakan, konstruksi, penambangan,
pengelolaan dan pemurnian, pengangkutan dan penjualan serta kegiatan
pasca tambang (Mining is some/whole activities for research,
management, and business including general research, exploration,
worthiness study, construction, mining, management and purification,
haulage and sales as well as post-mining activities)
[2] Law No. 4 article 6 and 7 about authority for mining management by
central, provincial, regional and city government.
[3] Government Regulation no 75 2001 about Issuance of Decree for Mining
authority that can be done by minister, governor, regent/mayor according to
the authority area of the mining.
AUTHORS
First Author Fatmawati, Faculty of Social and Political
Science, Tanjungpura University Pontianak., Email:
fatma_indahnurfitri@yahoo.com
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